Eminent Lecturer Series, 2011
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Ratna Kapur
LL.M. Harvard Law School
B.A. Law, Cambridge University
B.A. (Hons) History, University of Delhi
Makeshift Migrants and Law: Gender, Belonging and Postcolonial Anxieties (Routledge 2010)
Feminists and human rights advocates have engaged with human rights
law with a faith in its ability to promote gender equality and provide
an important impetus to nation-states and domestic jurisdictions to
address gender injustice and inequality. Drawing on the extensive
scholarship that already exists exposing how the international legal
regime and human rights remain androcentric and exclusive, I further
interrogate the faith that continues to inform human rights
scholarship and advocacy in relation to gender equality. I argue that
such faith obscures the gender and cultural assumptions on which the
right to gender equality is based. My argument puts into crisis the
idea that gender equality is always and invariably a progressive and
emancipatory project for all women that can be realized through the
achievement of full civilizational maturity and removal of what are
deemed as barbaric or backward cultural practices. Rather, I expose
how the right to equality is a discursive terrain where competing
understandings about gender and culture are produced. Instead of
casting the resistance to gender equality in terms of cultural or
religious opposition, I examine how the right itself is a tool of
governance and surveillance. I move beyond a mere concern over the
legitimacy of a cultural practice, such as the veil, to a focus on the
need to engage with the deeper discursive and normative concerns that
shape and structure the right to gender equality. I argue that
majoritarianism as well as essentialist assumptions about gender and
culture operate in and through the right to gender equality,
illustrating my argument through a discussion on the rights of Muslim
women in postcolonial India in the context of the emergence and
forceful advocacy of the Hindu Right.
6-7pm Thursday August 25th
In this lecture, I take forward arguments developed in the first
lecture to further unpack the conceit and deep sense of purpose that
informs human rights scholarship and advocacy in the field of woman's
rights, claiming that it has the expertise to bring about women’s
empowerment in different parts of the globe. I focus on the series of
Security Council resolutions on ‘women, peace, and security’ that have
been cast as heralding a new stage in the evolution of women’s human
rights discourse, drawing most of my examples from Nepal. By unpacking
the terms of these interventions, my intention is to bring to crisis
the conviction that human rights are tools of emancipation and
liberation and unmask the relations of power that underscore such
interventions and reproduce both gender and cultural essentialism. The
crisis forces us to rethink our understandings of human rights, of the
work that they do, and to rethink the promise of human rights as the
measure of freedom and emancipation.
Gay Governance and the Makeover of Sexuality in Postcolonial India
2-4.30 pm Monday August 22nd
The readings provide different insights into the very meaning of the term "queer" and whether it has applicability in a postcolonial context. Students are requested to identify the various uses of the term and to assess the analytical and political relevance of the term in a postcolonial setting.
The class will begin with a presentation on the current state of the law and the legal regulation of sexual subjectivity in India by Professor Kapur and then proceed into a discussion on the various arguments presented in the readings.
For this workshop students will be required to read the following:
Joseph Massad: "Introduction", Desiring Arabs,(2007), pp. 37-47
Jasbir Puar, "Queer Times, Queer Assemblages", 23(3-4) Social Text 121 (2005), pp. 121-137
Arvind Narrain and Alok Gupta, "Introduction", in Arvind Narain and Alok Gupta (eds.) Law Like Love: Queer Perspectives on Law, (Calcutta: Yoda Press, 2011) pp. xi-xii; xxii-xxxvi
Additional resources:
Fire (film) directed by Deepa Mehta (1998)
Dostana (film) directed by Tarun Mansukhani (2008)







